Opinion
2022-1049 2022-1086
11-28-2022
In re: ASETEK DANMARK A/S, Appellant v. ASETEK DANMARK A/S, Appellee COOLIT SYSTEMS, INC., Appellant
This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2020-00522, IPR2020-00524.
ON MOTION
Before STARK, Circuit Judge.
ORDER
STARK, Circuit Judge.
Upon consideration of the parties' joint motion to voluntarily dismiss Appeal No. 2022-1086, pursuant to Federal Rule of Appellate Procedure 42(b), and CoolIT Systems, Inc.'s unopposed motion to withdraw from Appeal No. 2022-1049, IT IS ORDERED THAT:
(1) The motion to dismiss is granted. Appeal No. 20221086 is dismissed.
(2) Each side shall bear its own costs as to Appeal No. 2022-1086.
(3) The motion to withdraw is granted. CoolIT is withdrawn from Appeal No. 2022-1049. The revised official caption and short caption for Appeal No. 2022-1049 are reflected in this order.
(4) The United States Patent and Trademark Office (PTO) is directed to inform the court within 30 days of the date of filing of this order whether it intends to intervene in Appeal No. 2022-1049.
(5) If the PTO elects to participate as intervenor, its brief is due within 40 days of the date of filing of its notification of election. Asetek Danmark A/S may file its reply brief within 21 days of the date of filing of the PTO's brief.
(6) If the PTO elects not to participate, Asetek Danmark shall file its appendix within 10 days of the date of filing of the PTO's notice.
(7) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2022-1049.